00 HOUSE BILL NO. 5 01 "An Act relating to sexual abuse of a minor; relating to sexual assault; relating to the 02 code of military justice; relating to consent; relating to the testing of sexual assault 03 examination kits; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 11.41.434(a) is amended to read: 06 (a) An offender commits the crime of sexual abuse of a minor in the first 07 degree if 08 (1) being 16 years of age or older, the offender engages in sexual 09 penetration with a person who is under 13 years of age or aids, induces, causes, or 10 encourages a person who is under 13 years of age to engage in sexual penetration with 11 another person; 12 (2) being 18 years of age or older, the offender engages in sexual 13 penetration with a person who is under 18 years of age, and the offender is the victim's 14 natural parent, stepparent, adopted parent, or legal guardian; [OR] 01 (3) being 18 years of age or older, the offender engages in sexual 02 penetration with a person who is under 16 years of age, and 03 (A) the victim at the time of the offense is residing in the same 04 household as the offender and the offender has authority over the victim; or 05 (B) the offender occupies a position of authority in relation to 06 the victim; or 07 (4) being 18 years of age or older, the offender engages in sexual 08 penetration with a person who is 13, 14, 15, 16, or 17 years of age and at least 10 09 years younger than the offender, or aids, induces, causes, or encourages a person 10 who is 13, 14, 15, 16, or 17 years of age and at least 10 years younger than the 11 offender to engage in sexual penetration with another person. 12 * Sec. 2. AS 11.41.436(a) is amended to read: 13 (a) An offender commits the crime of sexual abuse of a minor in the second 14 degree if, 15 (1) being 17 years of age or older, the offender engages in sexual 16 penetration with a person who is 13, 14, or 15 years of age and at least four years, but 17 not more than 10 years, younger than the offender, or aids, induces, causes, or 18 encourages a person who is 13, 14, or 15 years of age and at least four years, but not 19 more than 10 years, younger than the offender to engage in sexual penetration with 20 another person; 21 (2) being 16 years of age or older, the offender engages in sexual 22 contact with a person who is under 13 years of age or aids, induces, causes, or 23 encourages a person under 13 years of age to engage in sexual contact with another 24 person; 25 (3) being 18 years of age or older, the offender engages in sexual 26 contact with a person who is under 18 years of age, and the offender is the victim's 27 natural parent, stepparent, adopted parent, or legal guardian; 28 (4) being 16 years of age or older, the offender aids, induces, causes, 29 or encourages a person who is under 16 years of age to engage in conduct described in 30 AS 11.41.455(a)(2) - (6); 31 (5) being 18 years of age or older, the offender engages in sexual 01 contact with a person who is under 16 years of age, and 02 (A) the victim at the time of the offense is residing in the same 03 household as the offender and the offender has authority over the victim; or 04 (B) the offender occupies a position of authority in relation to 05 the victim; 06 (6) being 18 years of age or older, the offender engages in sexual 07 penetration with a person who is 16 or 17 years of age and at least three years younger 08 than the offender, and the offender occupies a position of authority in relation to the 09 victim; [OR] 10 (7) being under 16 years of age, the offender engages in sexual 11 penetration with a person who is under 13 years of age and at least three years younger 12 than the offender; or 13 (8) being 18 years of age or older, the offender engages in sexual 14 contact with a person who is 13, 14, 15, 16, or 17 years of age and at least 10 years 15 younger than the offender, or aids, induces, causes, or encourages a person who 16 is 13, 14, 15, 16, or 17 years of age and at least 10 years younger than the offender 17 to engage in sexual contact with another person. 18 * Sec. 3. AS 11.41.445 is amended by adding a new subsection to read: 19 (c) In a prosecution under AS 11.41.410 - 11.41.440, where consent is at 20 issue, 21 (1) an expression of lack of consent through words or conduct means 22 there is no consent; lack of verbal or physical resistance or submission resulting from 23 the use of force, threat of force, or placing another person in fear may not constitute 24 consent; a current or previous dating, social, or sexual relationship by itself or the 25 manner of dress of the person involved with the accused in the conduct at issue may 26 not constitute consent; 27 (2) a sleeping, unconscious, incompetent, or incapacitated person 28 cannot consent; a person cannot consent to force causing or likely to cause death or 29 grievous bodily harm or to being rendered unconscious; a person cannot consent while 30 under threat or fear or under circumstances where the person is fraudulently made to 31 believe that the sexual act serves a professional purpose; a person cannot consent 01 when induced to believe by any artifice, pretense, or concealment that the accused is 02 another person; 03 (3) lack of consent may be inferred based on the circumstances of the 04 offense; the surrounding circumstances shall be considered in determining whether a 05 person gave consent or whether a person did not resist or ceased to resist only because 06 of another person's actions. 07 * Sec. 4. AS 11.41.470 is amended by adding a new paragraph to read: 08 (9) "consent" means a freely given, reversible agreement specific to 09 the conduct at issue by a competent person. 10 * Sec. 5. AS 11.56.765(c) is amended by adding a new paragraph to read: 11 (5) "consent" has the meaning given in AS 11.41.470. 12 * Sec. 6. AS 11.56.767(c) is amended by adding a new paragraph to read: 13 (5) "consent" has the meaning given in AS 11.41.470. 14 * Sec. 7. AS 26.05.900(e) is amended by adding a new paragraph to read: 15 (9) "consent" has the meaning given in AS 26.05.890(h). 16 * Sec. 8. AS 44.41.065(a) is amended to read: 17 (a) When a law enforcement agency collects a sexual assault examination kit 18 under AS 18.68.010, the agency shall 19 (1) within 30 days after the agency collects the sexual assault 20 examination kit, send the sexual assault examination kit to an accredited laboratory in 21 coordination with the Department of Public Safety or a laboratory operated by the 22 Department of Public Safety; 23 (2) ensure that the laboratory to which the sexual assault examination 24 kit is sent under (1) of this subsection conducts a serological or DNA test on the 25 sexual assault examination kit within six months [ONE YEAR] after the laboratory 26 receives the sexual assault examination kit; and 27 (3) within two weeks after the laboratory that receives the sexual 28 assault examination kit under (1) of this subsection completes serological or DNA 29 testing, make a reasonable effort to notify the victim from whom the sexual assault 30 examination kit was collected that the sexual assault examination kit has been tested. 31 * Sec. 9. AS 11.41.470(8); AS 11.56.765(c)(4), 11.56.767(c)(4); and AS 26.05.900(e)(8) are 01 repealed. 02 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 APPLICABILITY. AS 11.41.434(a), as amended by sec. 1 of this Act, 05 AS 11.41.436(a), as amended by sec. 2 of this Act, AS 11.41.445(c), enacted by sec. 3 of this 06 Act, AS 11.41.470, as amended by sec. 4 of this Act, AS 11.56.765(c), as amended by sec. 5 07 of this Act, AS 11.56.767(c), as amended by sec. 6 of this Act, AS 26.05.900(e), as amended 08 by sec. 7 of this Act, and the repeals of AS 11.41.470(8), AS 11.56.765(c)(4), 09 AS 11.56.767(c)(4), and AS 26.05.900(e)(8) by sec. 9 of this Act apply to offenses committed 10 on or after the effective date of secs. 1 - 7 and 9 of this Act. 11 * Sec. 11. Section 8 of this Act takes effect July 1, 2022.